Burke cleared of corruption

Former West Australian premier turned lobbyist
Brian Burke
broke down in the Supreme Court dock in Perth yesterday after being cleared of corruption charges stemming from a huge surveillance operation run by the state’s Corruption and Crime Commission.

Justice Michael Murray found that there was no evidence to support the corruption allegations, levelled at Mr Burke, business partner Julian Grill and former ministerial staffer Nathan Hondros, of sneaking changes into a government policy determining pearl oyster catch levels.

The decision to throw out the case instantly raised questions over the commission’s prosecution, which relied upon extensive use of surveillance devices including a camera installed in a lamppost outside Mr Grill’s home.

Outside court, a composed Mr Burke called for a judicial review of the commission. “The CCC thought it could make its reputation by claiming my scalp," the 63-year-old said.

“It can’t take cases like this and not even get to the stage where we have to produce evidence."

The decision to eject the case, delivered just after 10am yesterday, was made before the defence was required to produce evidence.

The prosecution had alleged that the lobbyists used Mr Hondros’s political aspirations to sneak changes to the state’s oyster catch- level policy through cabinet in 2006 without the knowledge of the relevant department.

All three defendants said the case had cost them hundreds of thousands of dollars plus lost work opportunities. “I don’t know exactly what is going to be there for me when I walk out of here," Mr Hondros said.

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Mr Burke’s reputation has been so tarnished already that several politicians who admitted to meeting with the controversial former premier have been forced to resign.

The former premier has escaped a string of charges resulting from CCC investigations, with the corruption allegations being the most serious, although he was fined $25,000 last month for lying to the Commission during its inquiry into a development in WA’s south-west.

Attorney-General Christian Porter resisted calls for the separation of the commission’s powers of investigation and prosecution.

“I’m not sure whether or not there’s evidence based on this one matter that there should be a complete change in the way that we do business with the CCC," Mr Porter said. “Not all prosecutions will be successful, that’s a fact of life, and neither should all prosecutions be successful." He added that the commission boasted an 82 per cent conviction rate.

The comments followed calls from the opposition Labor Party that responsibility for prosecutions should rest solely with the Department of Public Prosecutions.